Transformation of a service relationship into an employment relationship

Uchwała Naczelnego Sądu Administracyjnego z dnia 1 lipca 2019 r., I OPS 1/19

Abstract

The commentary refers to the interdisciplinary problem of transforming a service relationship into an employment relationship, which results in the cessation of the existing relationship and the creation of a new legal relationship – an employment relationship. The interdisciplinary nature of this legal institution results from the fact that the termination of the public law service relationship is made by a declaration of will by the authority and the officer. The exceptional nature of the termination of the service relationship results from the fact that it does not have to be terminated in order to be transformed into an employment relationship.

As a result of the analysis, it must be concluded that the resolution of the Supreme Administrative Court is fully correct. The decision confirming the termination of a service relationship as a result of transformation into an employment relationship is justified by the provisions of law. On the basis of the analyzed case, there can be no presumption of settling the matter in a form of an administrative decision. A former officer of the Customs and Tax Service has the right to bring an action before a court competent in matters of labor law, in accordance with art. 277 of the Act on the National Treasury Administration.